How to File a Veterans Disability Claim

A veteran's disability claim is an important part of his or her benefit application. Many veterans earn tax-free earnings when their claims are granted.

It's no secret that the VA is way behind in processing disability claims made by veterans. It could take months, even years, for a decision to be made.

Aggravation

A veteran may be able to claim disability compensation for a condition worsened by their military service. This type of claim could be physical or mental. A competent VA lawyer can help the former service member file an aggravated disability claim. A claimant needs to prove, through medical evidence or independent opinions, that their pre-service condition was aggravated due to active duty.

A physician who is an expert in the veteran's disability can provide an independent medical opinion that demonstrates the severity of the condition prior to service. In addition to the doctor's opinion, the veteran must also provide medical records as well as lay statements from family or friends who can attest to their pre-service condition.

It is vital to remember when submitting a claim for disability benefits for veterans that the aggravated condition must be different from the original disability rating. A disability attorney can advise the former soldier on how to provide sufficient medical evidence and proof that their health condition was not merely aggravated through military service, but was worse than it would have been had it not been for the aggravating factor.

In order to address this issue, VA is proposing to align the two "aggravation" standards within its regulations 38 CFR 3.306 and 3.310. The differing language in these provisions has caused confusion and controversy in the claims process. The inconsistent use of terms such as "increased disability" and "any increased severity" have been the cause of litigation.

Service-Connected Conditions

To be eligible for benefits veterans Disability law firms must prove his or her condition or disability was caused by service. This is known as showing "service connection." For certain diseases, such as ischemic heart disease, or other cardiovascular diseases that develop as a result of service-connected amputations, a service connection is granted automatically. For other conditions, such as PTSD the veterans must present lay evidence or testimony from people who were their friends in the military to prove their condition to an specific incident that occurred during their time in service.

A pre-existing medical condition can also be service related in the event that it was aggravated because of active duty and not as a natural progression of the disease. It is best to submit the doctor with a report explaining that the aggravation of the condition was caused by service, not just the natural progression.

Certain ailments and injuries can be thought to be caused or aggravated due to service. These are referred to as "presumptive diseases." These include exposure to Agent Orange for Vietnam and Korean veterans as well as exposure to radiation for prisoner of war, and different Gulf War conditions. Certain chronic illnesses and tropical diseases are also suspected to have been caused or aggravated by service. These are AL amyloidosis, chloracne, other acne-related disorders, porphyria cutanea tarda, multiple sclerosis, tuberculosis, and diabetes mellitus type 2. Click here for more details about these presumptive diseases.

Appeal

The VA has a system to appeal their decision to award or deny benefits. The first step is filing a Notice Of Disagreement. Your VA-accredited attorney may make this filing on your behalf however if not, you can file it yourself. This form is used to tell the VA that you are not satisfied with their decision and you would like a more thorough review of your case.

There are two options for an upper-level review that you should consider carefully. You can request a personal meeting with a Decision Review Officer in your local office. The DRO will perform an in-person (no consideration is given to previous decisions) review and either overturn the earlier decision or uphold it. You may or may not be able to submit new evidence. The other option is to request an interview before an veterans disability attorney Law Judge from the Board of Veterans' Appeals in Washington, D.C.

There are a variety of aspects to consider when selecting the most appropriate route for your appeal, so it's important to discuss these options with your attorney who is accredited by the VA. They have experience and know what is best for your case. They also know the challenges that disabled veterans disability lawyers face and their families, which makes them a better advocate for you.

Time Limits

If you suffer from a disability which was created or worsened in the military, you can file a claim and receive compensation. You'll have to be patient while the VA reviews and decides on your application. It may take up to 180 days after your claim is filed before you get a decision.

There are a variety of factors that affect the time the VA will take to make a decision on your claim. How quickly your application will be reviewed is largely determined by the volume of evidence you submit. The location of the VA field office who will review your claim will also affect the time it takes to review your claim.

Another factor that could affect the length of time it takes your claim to be processed is how often you contact the VA to inquire about the status of your claim. You can accelerate the process of filing a claim by making sure to submit all evidence as swiftly as you can. You should also provide specific information about the medical facility you use, and providing any requested details.

You can request a more thorough review if it is your opinion that the decision based on your disability was wrong. You'll have to submit all the facts of your case to an experienced reviewer, who will decide whether there was a mistake in the original decision. This review does not include any new evidence.